Tuesday, 27 May 2014

Questions (466)

Clare Daly

Question:

466. Deputy Clare Daly asked the Minister for Social Protection following the recent High Court decision of B v. Minister for Social Protection in which the system for considering applications for domiciliary care allowance was found to be unlawful, she announced that reviews of current applications would be suspended until further notice; if she will confirm if her Department has recommenced the reviews; and the action her Department has taken to remedy the unlawful deficits as identified in the High Court decision. [23240/14]

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Written answers (Question to Social)

New applications for domiciliary care allowance (DCA) continue to be processed in the Department since the judgement referred to was delivered. However, scheduled eligibility reviews of DCA claims already in payment, which have not been carried out since the review of the administration of the scheme was announced in May 2012, remain suspended pending further consideration of the judgement in this case. No decision on a date for the re-introduction of these scheduled eligibility reviews has yet been made.

The judgement to which the Deputy refers, involved a challenge by a claimant in regard to the process involved in determining eligibility on her claim for DCA. The Department has appealed the Judgement to the Supreme Court, as there are important legal issues which need to be clarified. However, it is open to the person concerned to make a fresh application from a current date.